COVID-19 - ONLINE dispute resolution at the AIFC Court and IAC
NUR-SULTAN. KAZINFORM - The AIFC Court and IAC have been actively monitoring the rapidly evolving COVID-19 situation. We have implemented measures to ensure the continuity of our dispute resolution operations and services while safeguarding the health and safety of our users and staff, Kazinform has learnt from the AIFC’s press service.
We are following government advice and guidelines and continue to provide our dispute resolution services online without charge to users.
Cases can be filed at the AIFC Court and IAC online via our eJustice system which can be accessed via the AIFC Court and IAC websites. We can resolve disputes using audio and video technology, by written submissions and email. Disputes can be resolved without the parties to the disputes having to leave their homes. We are actively resolving disputes via our online facilities. 57 mediation cases have been resolved applying our mediation rules and two arbitration cases are currently being considered at the IAC. One case has been resolved at the AIFC Court.
In addition to the measures we have taken to resolve disputes online, we will later this month launch our online «AIFC Court and IAC Webinar Series» to ensure our users and the business and legal community remain connected to developments at the AIFC Court and IAC and other dispute resolution matters including challenges posed by the COVID-19 situation.
The AIFC Court and IAC provide a one stop shop for commercial dispute resolution. They are independent from the judicial system of the Republic of Kazakhstan and operate to the highest international standards to resolve civil and commercial disputes originating in the AIFC and in other disputes in which all parties to the dispute agree to give the AIFC Court or IAC jurisdiction. The judges, arbitrators, mediators, procedures, practices and standards at the AIFC Court and IAC are familiar to businesses currently operating in major financial centres around the world.
We wish you and your families good health.
Mr. Christopher Campbell-Holt, AIFC Court and IAC Registrar and Chief Executive, commented:«We have carefully monitored the COVID-19 situation and implemented measures to ensure that the AIFC Court and IAC continue to operate online. All case filings and hearings at the AIFC Court and IAC are now administered online free of charge and without parties to a dispute having to leave the comfort and safety of their homes. Investors and businesses can be assured that their disputes will be resolved online at the AIFC Court and IAC applying the highest standards of the rule of law in a timely and cost effective manner.»
AIFC. The AIFC was established on the initiative of the President of the Republic of Kazakhstan Nursultan Nazarbayev. In December 2015 President Nazarbayev approved the Constitutional Statute «On the Astana International Financial Centre» (AIFC). The aim of the AIFC is to establish a leading international centre for financial services. The objectives of the AIFC are to attract investment into the economy through the establishment of an attractive environment for investment in financial services, develop local capital markets, ensuring their integration with the international capital markets. www.aifc.kz
The AIFC Court is an independent legal entity. It has its own procedural rules modelled on English common law procedures and leading international practice. The AIFC Court is separate and independent from the courts of the Republic of Kazakhstan. It consists of two tiers: a Court of First Instance, which includes a specialist division known as the Small Claims Court; and a Court of Appeal. It has exclusive jurisdiction over disputes arising out of the activities and operations of the AIFC and jurisdiction in the case of other disputes in which all parties agree in writing to give the AIFC Court jurisdiction. It does not have jurisdiction in relation to any disputes that are of a criminal or administrative nature. It applies the most up to date and efficient case management practices. https://court.aifc.kz/
The International Arbitration Centre (IAC) is an independent legal entity. It has its own procedural rules modelled on best international practice. It has its own panel of leading international arbitrators and mediators having many years of arbitration and mediation experience in commercial law, including oil and gas, trade, construction, energy, financial services, banking, Islamic finance, insurance, and intellectual property. IAC arbitration awards are recognised and enforceable in Kazakhstan and internationally. https://iac.aifc.kz/